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EPA to Issue Draft Rule Fixing Correlation Issue and Updating Standards

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EPA issued a notice in the Federal Register today that it will publish a Direct Final Rule tomorrow amending TSCA Title VI to correct the regulatory provision related to correlations for quality control testing.  Notably, the agency will revise section 770.20(d)(2)(i) to clarify that EPA will allow correlations to be done either by the ASTM E-1333-14 large chamber test method, or upon a showing of equivalence, the ASTM D6007-14 small chamber test method.  The rule would also update multiple references to outdated consensus standards.

As has been the case with other recent EPA rulemakings related to TSCA Title VI, should the proposed Direct Final Rule go through without negative comment, it would become effective 45 days after the date of publication in the Federal Register.  EPA will also publish a notice of proposed rulemaking that will be used in the event an adverse comment is made on the proposed Direct Final Rule. 

CPA will submit comments in support of these amendments by the comment deadline, which will be set for 15 days after publication in the Federal Register.  See Direct Final Rule.   More Info: Jackson Morrill

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